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ORIGINAL <br />SETTLEMENT AGREEMENT AND RELEASE <br />This Settlement Agreement and Release ("Agreement") is entered into this Ay -R/\, <br />day of July 2018, by and between THE CITY OF REDWOOD CITY ("CITY'), a municipal <br />corporation, HABITAT FOR HUMANITY GREATER SAN FRANCISCO, INC. <br />('HABITAT'), a California corporation, and 605 MIDDLEFIELD, LLC ("605'), a limited <br />liability company, referred to herein collectively as the "Parties" and individually as "Party." <br />RECITALS <br />A. 605 owns the real property commonly known as 605 Middlefield Road, Redwood <br />City, CA 94063 ("605 Property"). <br />B. On or about March 21, 2017, the CITY Planning Commission approved <br />Downtown Planned Community Permit, No. DPC2015-011 including fifteen <br />guideline deviations, Tentative Map and Condominium Permit (TM2015-007), <br />and Planned Development Permit (PD2016-006) for real property located at 612 <br />Jefferson Avenue in Redwood City, California ("HABITAT Project'. <br />C. 605 objected to certain aspects of the HABITAT Project and timely applied to the <br />City Council of Redwood City. <br />D. On May 22, 2018, the CITY denied 605's appeal. <br />E. On June 20, 2017, 605 filed a Petition for Writ of Mandate at San Mateo County <br />Superior Court, Case No. 17CIV02727 ("Action"). <br />F. The Parties have determined that it is in their mutual interest to settle this dispute <br />without further litigation on the terms and conditions set forth in this Agreement. <br />WHEREFORE, for valuable consideration, including the obligations and terms as set <br />forth below, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as <br />follows: <br />1. HABITAT shall repair any damage to the 605 Property caused by the <br />excavation and construction of the HABITAT Project that are not otherwise covered by 605's <br />property insurance. 605 shall provide HABITAT access to the 605 Property to prepare pre- and <br />post --excavation and construction survey reports of the 605 Property. HABITAT shall provide <br />605 copies of such pre- and post -excavation and construction survey reports. This obligation <br />shall terminate upon the later to occur of (i) a post -construction survey that confirms no damage <br />or (ii) the completion of any repairs necessary as indicated by the results of such post -excavation <br />and/or construction survey (if any). <br />2. HABITAT shall hold 605 harmless from legal claims by third parties for any <br />personal injury, death, or property damage which is a result of the construction of the HABITAT <br />Project. Nothing in this section shall be construed to mean that HABITAT shall hold 605 <br />I <br />armless from any claims of personal injury, death or property damage arising from any <br />negligence, including contributory negligence, or willful misconduct on the part of 605 or its <br />representatives, officers, agents and employees. This obligation shall terminate six months after <br />the City issues the final certificate of occupancy for the HABITAT Project. <br />Page 1 of 6 <br />605 Middlefield / city or Redwood City / Habitat for Humanity <br />